0121 550 4151New rules on dealing with mould and damp in private rental properties are on the horizon. Here's what landlords need to know.
The UK is a (generally) cold and wet country with the oldest housing stock in Europe.
So, it's no surprise that problems such as damp and mould can arise in residential properties.
This was brought into sharp focus earlier this month when the English Housing Survey revealed that damp is a growing issue in the private rental sector which affects 9% of properties.
And as damp and mould can cause serious respiratory problems, the government is understandably keen to eliminate it.
This is why it's introducing stricter restrictions on how landlords handle tenant complaints on the issue.
Even if you're an experienced landlord with effective anti-mould and damp-proof measures in place at your investment property, it's crucial you understand the changes that are coming in as part of the Renters' Rights Bill.
Here's a rundown of what they currently entail.
New rules as part of the Renters' Rights Bill
But first, an update on the Bill, which you've probably already heard a lot about.
The Bill passed the report stage in the House of Commons last month and is currently being scrutinised by the House of Lords. It's expected to become law in spring.*
Along with several key measures, such as the abolition of Section 21, the Bill includes new rules on how landlords respond to hazards such as damp and mould.
It will compel private landlords to comply with Awaab's Law, which was introduced in July 2023 after the tragic death of toddler Awaab Ishak.
The two-year-old died after prolonged exposure to black mould in his one-bed housing association flat.
The legislation covers hazards such as mould and damp, as well as other problems such as asbestos, lead, pests and sanitation and drainage.
So, what does this mean?
Currently, when mould or damp is reported, landlords must fix the problem "within a reasonable time frame".
The change will mean landlords will have to work to specific timescales instead.
Under Awaab’s Law, landlords must investigate a hazard that is brought to their attention within 14 days and issue a written report on what they find.
They must start repair work within seven days of the written report being issued.
Repairs must be completed in a "reasonable time period" and not unreasonably delayed.
If emergency repairs are required, landlords have a 24-hour deadline.
When will landlords have to act?
Awaab's Law, as it applies to damp and mould, will come into force in the social housing sector in October (Deputy PM Angela Rayner confirmed the date this month).
In 2026, the law will expand to apply to other hazards such as structural collapse and hygiene concerns.
So when will it apply to private landlords? The exact date is yet to be announced.
However, the government has said it will consult further on the roll-out of Awaab’s Law in the private rental sector and set out further details in due course. So you still have plenty of time to prepare and update your procedures if need be.
What if a landlord fails to comply?
If a landlord doesn’t comply, a tenant can take them to court for breach of contract. If found in breach, a landlord could be ordered to take appropriate action and/or pay compensation.
Alternatively, private tenants could take the matter to the new Private Rented Sector Landlord Ombudsman.
What should landlords do next?
As with much of the Renters' Rights Bill, responsible landlords will already have many of the procedures in place to meet the new regulations.
They may need to update or adjust what they do, but the foundations for successful tenancies should be well established.
These include:
• A commitment to maintenance to ensure there are no leaks or structural faults.
• A responsive approach to fixing problems reported by the tenant.
• A good relationship with tenants, one in which you remind them of the importance of opening windows regularly and using extractor fans when cooking and bathing.
• A systematic method of keeping records of dealings with tenants and tradespeople.
• A reliable network of tradespeople to call on when needed.
Working in partnership
Successful tenancies have always relied on good tenant/landlord relationships and an organised approach to regulatory compliance and maintenance.
And here at Bloore King & Kavanagh we can help you do both these things.
If you'd like more information about navigating the Renters' Rights Bill, whether it be to do with Awaab's Law or any other aspect of the legislation, please get in touch.
We're here to help.
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* As the Renters' Rights Bill is still going through Parliament, it could be subject to change. The information in this article does not constitute legal advice.
